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A BILL TO BE ENTITLED
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AN ACT
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relating to a warrant authorizing the search of a cellular |
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telephone or other wireless communications device. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 18.0215(b), (c), (d), and (e), Code of |
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Criminal Procedure, are amended to read as follows: |
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(b) A warrant under this article may be issued only by a |
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judge, justice, or other magistrate who is authorized to issue a |
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search warrant under Article 18.01(c) and is in the same judicial |
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district as the site of: |
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(1) the law enforcement agency that employs the peace |
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officer, if the cellular telephone or other wireless communications |
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device is in the officer's possession; or |
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(2) the likely location of the telephone or device. |
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(c) A judge, justice, or other magistrate may issue a |
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warrant under this article only on the application of a peace |
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officer. An application must be written and signed and sworn to or |
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affirmed before that magistrate [the judge]. The application |
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must: |
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(1) state the name, department, agency, and address of |
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the applicant; |
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(2) identify the cellular telephone or other wireless |
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communications device to be searched; |
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(3) state the name of the owner or possessor of the |
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telephone or device to be searched; |
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(4) state the judicial district in which: |
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(A) the law enforcement agency that employs the |
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peace officer is located, if the telephone or device is in the |
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officer's possession; or |
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(B) the telephone or device is likely to be |
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located; and |
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(5) state the facts and circumstances that provide the |
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applicant with probable cause to believe that: |
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(A) criminal activity has been, is, or will be |
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committed; and |
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(B) searching the telephone or device is likely |
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to produce evidence in the investigation of the criminal activity |
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described in Paragraph (A). |
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(d) Notwithstanding any other law, a peace officer may |
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search a cellular telephone or other wireless communications device |
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without a warrant if: |
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(1) the owner or possessor of the telephone or device |
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consents to the search; |
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(2) the officer reasonably believes that the telephone |
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or device has been [is reported] stolen and limits the search to |
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only the contact list information, photographs, social media |
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account information, and e-mail account information necessary to |
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identify the owner of the telephone or device [by the owner or
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possessor]; or |
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(3) the officer reasonably believes that: |
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(A) the telephone or device is in the possession |
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of a fugitive from justice for whom an arrest warrant has been |
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issued for committing a felony offense; or |
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(B) there exists an immediate life-threatening |
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situation, as defined by Section 1, Article 18.20. |
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(e) A peace officer must apply for a warrant to search a |
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cellular telephone or other wireless communications device as soon |
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as practicable after a search is conducted under Subsection |
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(d)(3)(A) or (B). If the magistrate considering the application |
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[judge] finds that the applicable situation under Subsection |
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(d)(3)(A) or (B) did not occur and declines to issue the warrant, |
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any evidence obtained is not admissible in a criminal action. |
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SECTION 2. (a) The change in law made by this Act to |
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Articles 18.0215(b) and (c), Code of Criminal Procedure, applies |
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only to a search warrant issued on or after the effective date of |
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this Act. A search warrant issued before the effective date of this |
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Act is governed by the law in effect on the date the warrant was |
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issued, and the former law is continued in effect for that purpose. |
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(b) The change in law made by this Act to Articles |
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18.0215(d) and (e), Code of Criminal Procedure, applies only to a |
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search conducted on or after the effective date of this Act. A |
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search conducted before the effective date of this Act is governed |
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by the law in effect on the date the search was conducted, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |